Homeowners Associations Need to Be Fair and Even handed

This is an article about the Colorado Legislature's attempt to address complaints that homeowners associations go too far in collecting monthly assessment. 

 They complain that heavy handed tactics are employed and that late fees and other expenses can become a bigger problem than the actual amount owed.  Read the article here.

The point is that community associations need to be transparent, fair and even handed.  Tactics that are unfair are going to result in very costly law suit, and associations may have to pay for both sides lawyers.

Its better to take a little longer, use diplomacy and be fair.  Boards that rush to court are usually the most at risk of paying too much for lawsuits that were not appropriate to begin with.

If some Board members are litigation happy, others should speakup  and make sure that litigation and legal enforcement is being used cost effectively and as a last resport.  Speaking up requires courage, but a voice or reasons must prevail.

Many of these lawsuits are great for the lawyers but not the associations or the unit members.   So slow and steady is the message.

If problems continue expect legislative responses.  Which means this --community associations have a choice of self regulating,  or becoming overly regulated by the state.

  May I suggest that the choice is clear.


Lieberman & Blecher represents community associations in New Jersey.

Read about a Florida condo that has completely mishandled a special needs request

Condos. Must enforce the rules nd mut be uniform.  But they shod not ignore legitimate requests by home owners that have bona fide special needs.  In this case a resident with a horrible condition can now only walk around wht the aide of a shopping cart.   And look at ths short minded association response .

My tip to condo boards, here is everything not to do....
Cond

http://www.fox4now.com/news/local/205870931.htmlhttp://www.fox4now.com/news/local/205870931.html

Lieberman & Blecher represents community associations .   Www.liebermanblecher.om

WOULD YOU LIKE ICE WITH YOUR GLASS OF MOLD?

This published article indicates that a popular fruit drink may have mold.  According to the article, the reason for this is that the product lacks preservatives, which means the mold can grow within it.  

Apparently some of the product was returned because of mold masses.  Gross!!  Yes,  but unless you are susceptible probably not going to hurt you.

I have seen lots of mold in buildings and homes.   Have not thought much about it being in food though. 

You can read the article yourself and decide....

Lieberman & Blecher represents mold victims in New Jersey and New York.   www.liebermanblecher.com

Watch out for proposed laws that will lead to special assessments

This Op Ed represents an interesting point of view and is worth reading for condominium owners and association managers.   Particularly germane to struggling associations is the fact that even seemingly benign proposed legislation can make it difficult for the association to meet its financial obligations.  Invariably large special assessments can follow.

Read this column for a good explanation of this issue.

Lieberman &Blecher represents community associations in New Jersey.   Www.liebermanblecher.com

Getting high in the Condo? As States Legalize Marijuana, will Home Owner Associations Just Say No?

Marijuana is becoming legal, to various extents, in a lot of places.

Some states such as New Jersey and California allow if for medical purposes.  Colorado just plan allows it.  Some predict that sooner or later it will pretty much just be legal, basically everywhere.

The question is whether Home Owner Associations will be able to ban marijuana in instances where the state says its legal.  Will condos be able to just say no?  The answer is not so cut and dry.

Clearly Associations can protect public areas and common areas.   To some extent they may also be able to take measures that are for the common good, including, measures that maintain property values.

The amount that Associations regulate is very state specific, and even within states is not always very clear.

Some Associations have outlawed tobacco smoking all together, largely due to complaints that the smoke has permeated into common areas or into individual apartments.  Indeed, some people have become very sick because of cigarette smoking originating from privately owned residential units.  But outright smoking prohibitions can be very controversial and may invite a lawsuit.

As pot become more legal, Associations will invariably be asked how and whether they plan to respond.   And you can be sure that no matter what they do, their decisions will be challenged.

In other words, this is only the beginning of a discussion that will be reoccurring throughout this country, for quite some time to come.

Lieberman & Blecher proudly representswww.liebermanblecher.com
numerous homeowner associations in New Jersey.  

New Jersey Condominiums are Able to Limit Certain Liability Claims

Read about the ability of new Jersey condominiums to limit claims brought by unit owners.  This may make sense for a lot of associations.  It was blogged on our firms blog site.  

Lieberman & Blecher represents community associations in New York and New Jersey.

WWW.liebermanblecher.com

Toxic mold and the problem of cross-contamination in New Jersey and New York

Baby injured from black toxic mold

A story was just reported in the news about a Jasper Alabama family whose infant child was hospitalized after toxic mold was found inside her family's home. The toxic black mold was allegedly ignored by the landlord who, after complaints were made by the baby's parents said that if it's a problem they should "move out."

The baby was hospitalized twice up to 5 days at a time when her throat and eyes swelled up. They finally contacted a mold inspection company who waived the $500 fee because they said its one of the worst cases they've ever seen. According to the tenants, the landlord pulled up the carpet to cover-up the mold with new flooring. According to the mold remediation company this was a huge mistake because it cross-contaminated all of the belongings which now have to be destroyed as a result of this cross contamination.

Cross contamination threat and toxic mold

Toxic mold is not only a problem here in New Jersey and New York, but it's a problem throughout the United States. There are an increasing number of mold complaints. They typically arise in landlord-tenant cases, when people purchase homes and are not told about pre-existing mold, in office environments and even hospital environments, and in a variety of other settings. This is very serious and some people become very ill. Not everybody becomes ill, it's very much person specific. But some people become very ill as a result of exposure to certain kinds of mold.

Cleaning up the mold is very often not the only thing that has to be done. Items that are exposed such as furniture, clothing, bedding etc., very often have to be remediated. If they are not they cross contaminate the new cleaned environment. And this can cause a real problem for people who are prone to become ill from the mold exposure.

Which means --- if your apartment, rental property, condominium. new home, office become mold contaminated, cleaning the walls and remediation the mold may not be enough. Always make sure the source is addressed, perhaps a leaky roof or leaky pipe, etc.  Clean bedding, toys, etc....Finally, make sure your valuable, such as furniture, clothes, bedding, children's toys are cleaned and that mold is removed. If this is not done properly, it can cause serious problems due to cross contamination.

Is this the Association's responsibility?  It may be.   You need to look at the Association documents, case law in your state, and the particular facts in your case. 

Lieberman & Blecher practices community association law in New Jersey and New York. www.liebermanblecher.com